Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

PAPER AND PAPER PRODUCTS MANUFACTURING EMPLOYEES’ UNION v. POLYPLUS PACKAGES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ISHAK MOHD YUSOFF
EMPLOYEES’ PANEL: MATKAR SIWANG
EMPLOYERS’ PANEL: AZILLAH SABAR
AWARD NO. 374 OF 2017 [CASE NO: 1(13)(1)/1-195/15]
13 MARCH 2017
(Industrial Court & Non-compliance; Whether the company had succeeded in establishing 'special circumstances' to justify its non-compliance with the articles in the said collective agreement))


AHMAD ZAINI OMAR v. BELLA VISTA WATERFRONT RESORT & SPA / LANGKAWI AMAN SDN BHD
INDUSTRIAL COURT, PENANG
DOMNIC SELVAM GNANAPRAGASAM
AWARD NO. 540 OF 2017 [CASE NO: 9/4-1027/14]
13 APRIL 2017
(Dismissal & Industrial Court; Whether a claimant on a fixed-term contract could claim for compensation in lieu of reinstatement)

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Article Highlight

EMPLOYEE USES DEFICIENT DRAFTING TO DEFEAT NON-COMPETE CLAUSE
UK
Employment
Drafting of non-compete restrictive covenant was deficient
Mary-Caroline Tillman was a highly successful executive search agent, rising swiftly through the ranks at Egon Zehnder Ltd (EZ) following her move into recruitment from her early career in investment banking. First hired in 2004 as a consultant, she was promoted to principal then partner by 2009 (although she was legally an employee throughout), becoming Co-Global Head of the Financial Services Group in 2012.

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WOOLWORTHS WORKER WINS MORE THAN $230K IN COMPENSATION APPEAL CASE
AUSTRALIA
Employment
Woolworths to pay ex-worker A$230k in landmark compensation case
A Brisbane supermarket worker who says he felt forced to skimp on safety to lift 2,100 heavy cartons a day has been awarded compensation for an ongoing injury in a landmark Court of Appeal case in Brisbane. Supermarket giant Woolworths has been ordered to pay its former picker Berhane Ghebreigziabiher Berhane $231,211.45, after an appeal judge found Woolworths' demands on its Queensland distribution centre workers breached safety laws and aggravated the onset of a shoulder injury.

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Global Media Reports

MALAYSIA

Ghosts in the Malaysian immigration system
Free Malaysia Today | 18-Aug-2017
Malaysia is a blessed country where shared prosperity is the guiding principle in maintaining peace and stability among its citizens....

Labour activists to push for criminal prosecution in Maxim case
Daily Express | 17-Aug-2017
The working conditions of 156 staff rescued from a bird’s nest factory in Klang have been described as “hell on earth” by none other than Immigration ...

ASEAN

China’s labour law is no use to those who need it most
The Economist | 18-Aug-2017
WHETHER in the breathless years of double-digit economic growth or today’s more languid era, one constant in China has been the poor state of workers’...

Extending workers' stay breaches Indonesian laws
Daily Express | 17-Aug-2017
Kota Kinabalu: An Indonesia diplomat said Malaysia's new foreign worker stipulation of allowing their nationals to work up to 15 years may cause Indon...

WORLD

How proposed changes to Ontario labour law could hit cross-border employers
The Lawyer's Daily (subscription) | 18-Aug-2017
In order to limit their employment law obligations, cross-border employers need to understand the laws governing their employees who perform work in O...

25 per cent of local jobs at risk under proposed labour law changes: report
TimminsToday | 17-Aug-2017
Nearly 25 per cent of Timmins jobs would be at risk under the Ontario government’s proposed changes to labour and employment laws, according to a new ...

See all previous Global Media Reports

New! LLB Bulletin #08/2017